Re: attaching lawsuits

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Yes I had an attorney lead in a firm (the first attorney) that
was giving out false information to help create more damages. I
did not find out until later when we were at one of the trials
with the creditors actions against me. The creditor had filed
summary judgment. I filed a pro se resistance. The local judge
tossed my resistance. I filed an appeal. A friend an attorney
in his 80's had been helping me he withdrew. The attorney that
had the lawsuit refused to help. Found later well just recently
he worked for the creditor. A young attorney stepped into help
when he heard my plight.

You know some things take time to find the whole truth. I am at
the state supreme court on one of the actions. The creditor won
attorney fees and property (over 1.2 worth they took). The
creditor literally wiped us out sold everything for nothing. I
complained to no avail about the fraudulent documents. The
creditor did not bring any proof I mean none the documents were
true ones. They fired the originator we did not find him until
8 months later.

The creditor filed another suit and the same judge awarded them
a large judgment on summary judgment. He tossed my case for
fraud and the iducement out against them That to is at the
supreme court. We found the originator of the true document for
the credit.

Another attorney got involved offering to help my young
attoreny. He said he did not think the first attorney really
meant to do anything bad, just got a little carried away
helping create losses. The politics of the area I do believe he
was doing a lil helping out his bud (the first attorney) that
caused the initial damage that worked for the creditor. The
attorney that offered to help lied to me. Talked me into filing
bankruptcy. A bankruptcy attorney they he talked me into going
to see told me (for your own health and well being you should
walk away from this). I filed prose bankruptcy not knowing the
help guy was lieing. After talking to the federal trustee and
he told me the truth and I knew the attorney did not. I stood
before the federal judge answered the questions about business
and why I filed the bankruptcy. The bankruptcy was dismissed
without prejudice so if I needed to refile I could without
waiting 6 months.

The lawsuits I owned one was only bought in portion I still
have an interest at the moment. It would be worthless without a
victim. The creditor owns a portion. The suit is set for trial
late next year. Papers or being filed back and forth. I asked
that the young attorney not be release from this one. The first
attorney filed it then dumped it on me. So its been ongoing for
several years. One of the defendants the suit is against
attorney caught the first attorney in failing to mitigate
damages. I found the filing of this claim after I went to the
other end of the state to the court house and got copies.

The creditor case itself is at the supreme court that the award
was made on 28,000.00. I am appealing the award to the
creditor. No attorney.

The other suit they nabbed and sold recently at sheriff sale
for 10,000. Judgment is 600,000.00+ no attorney

Its scheduled for trial soon....The creditor case is at supreme
court. Discovery has already been made. no attorney

I have had one young attorney helping me on some of these
cases. Its been an overload for him. He works in his own small
office no help, no paralegals and his own family to fend for.
No money from me...again we're wiped out. He has been very
valiant but man, get some big names and large political firms
involved in the mucky muck mess they created one attorney can't
do it. They are whomping me. I ageed to let the young attorney
step down from the nearest case and one of the supreme cases.

Got some papers today and the insurance attorney (that does not
want to pay damages) for the nearest case to go to trial. They
are trying to have me tossed off the case and make the
creditors attorney appear. The claim is I am no longer an
interested party because the creditor owns my portion of the
suit. Even though the case is still pending that they used to
attach the suit is still pending. I know beyond a doubt that
the paperwork the creditor turned into the court evidence
proves the creditor committed fraud. I spoke with a good friend
in another state an described what I found in this voluminous
document. He agreed it was clear it showed a conflict and was
proof of the tens of thousands missing in funds.

It's a messy situation. I recently found out that the young
attorney that worked for the first attorney that helped
creditors take out our finances quit the firm when he heard I
was filing a complaint. One of the parents of the young
attorney was appointed as a judge. Good old politics at work.

I found one code that says a third party cannot take action but
I am not sure if it applies.

Does that all make sense??

On 12/29/04, Curmudgeon wrote:
> Did you have an attorney representing you in any part of
> these actions? How about in the lawsuits for your injuries?
>
> On 12/29/04, need to know wrote:
>> Hi, everyone.
>>
>> I am needing to know if it is legal to completely attach
>> and sell lawsuits.
>>
>> I was injured and got behind on bills and in turn was
> sued.
>> The creditor took by attachment completely pending
> lawsuits
>> for the injuries I sustain. The bill owed was not near as
>> much as the losses sustained. Can anyone tell me about the
>> legalities of this? At the very least I could use some
> help
>> researching this. I am not sure where to start.
>>
>> I found some federal codes concerning extortionate credit
>> collection actions. The creditor that attached these suits
>> and sold them at sheriff's sale. Now are saying they are
>> not going to prosecute the suits. I had refused to sign a
>> waiver releasing the creditor. I can't tell you I knew
>> exactly what was with the creditor I just knew it was not
>> right the waiver they wanted me to sign. Come to find out
>> later this creditor had shorted me funds with the first
>> accident happened by making up false paperwork. I was
>> having such a hard time keeping up with the accident, my
>> husband was injured and then I had a major surgery on top
>> of that. I did not discover the shortage on funds until
>> after judgment had been entered.
>> Can a creditor legally do this? Truly I could use some
>> help.